TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.61J - application for the approval of an enterprise agreement

The Collegiate Foundation

and

Persons employed by the employer within the scope of the Independent Schools (Non Teaching Staff) Award
[TE 1401 of 2005]

COLLEGIATE FOUNDATION (NON TEACHING STAFF)
ENTERPRISE AGREEMENT 2004

Enterprise Agreement - agreement approved - operative 1 January 2004 - to remain in force until 31 December 2006

APPROVAL OF ENTERPRISE AGREEMENT

[1] This application concerns the Collegiate Foundation (Non Teaching Staff) Enterprise Agreement 2004. The parties lodged the agreement on 25 May 2005 pursuant to s.61H of the Industrial Relations Act 1984.

[2] The employer party to the agreement is The Collegiate Foundation. The employee parties are the persons employed by the employer within the scope of the Independent Schools (Non Teaching Staff) Award to which the agreement applies; i.e School Service employees.

[3] The agreement will commence operation from 1 January 2004 and remain in force until 31 December 2006.

[4] The Registrar waived the necessity for the parties to hold a secret ballot and satisfied myself having regard to the evidence and materials before me, that:

(a) the agreement contains the matters referred to in s.61E of the Act;

(b) the employees are otherwise covered by an award of the Commission, therefore the minimum conditions of employment set out in s.61F of the Act are not relevant;

(c) pursuant to the provisions of s.61I(2) of the Act, the parties to the agreement satisfied me that they are aware of (i) their entitlements and obligations under the agreement and under Part IVA of the Act; (ii) the changes to existing conditions of employment which will result from the agreement taking effect; and (iii) that they were provided with written statements to that effect at least two weeks before the ballot to approve the agreement;

(d) in terms of s.61J(1)(ca) of the Act, there is no reason to believe that the bargaining process adopted by the parties to the agreement was not appropriate and fair;

(e) in terms of s.61J(1)(d) of the Act, there is no reason to believe the agreement was made under duress; and

(f) in terms of s.61J(1)(f) of the Act, there is no reason to believe the agreement is not fair in all the circumstances.

[5] In the circumstances I approve the agreement pursuant to s.61J(1) of the Act. I hereby notify the parties and the Minister of that approval and, in doing so, inform the parties of their right to withdraw from the agreement under s.61K of the Act, which provides that:-

"(1) A party to an enterprise agreement, within 14 days after receipt of a notice under section 61J, may give written notice to the other parties of the intention to withdraw from the agreement.

(2) A copy of the withdrawal notice is to be lodged with the Enterprise Commissioner within the period referred to in subsection (1).

(3) If the parties to an enterprise agreement (other than the employer) include individuals or an employee committee, notice of withdrawal from the agreement by those parties may only be given if at least 60% of the persons employed in the enterprise in the one or more classes of employment to which the agreement is to apply agree to it."

 

James P McAlpine
COMMISSIONER

Appearances:
Mr I Weir for The Collegiate Foundation
Mr P Tullgren, Liquor, Hospitality and Miscellaneous Union - Tasmanian Branch, for Debbie Betts, Kath Donnelly and Lynne Johnson

Date and place of hearing:
2005
June 23
Hobart